Social and Behavioral Sciences Commons^™

Student Ethnographic Research Experiences At The University Of Puget Sound, Andrew M. Gardner

All Faculty Scholarship

This brief essay describes programming at the University

of Puget Sound that allows undergraduate students to pursue

independent ethnographic research projects. This programming

undergirds all three of the subsequent student essays included in this

issue. The mission of this programming is to encourage “experiential

learning”—an objective that is aligned (and perhaps derivative)

of the methodological toolkit long deployed by anthropological

ethnographers. The essay describes the pedagogic goals that I

have been able to integrate into the supervision of this experiential

programming, and also discusses how we have sought to balance

independently-derived student research interests with the broader

research agendas codified …

Big Parcels: Modernist Planning In Washington State History, Andrew M. Gardner, Becca C. Murphy

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In anthropology’s spatial turn, cultural anthropologists directed portions of their attention to the spaces in which human habitation takes shape. This article concerns the large planned spaces configured in the Modernist era of the twentieth century. Utilizing a fieldwork-based methodology that draws on the ethnographic toolkit, analysis compares and contrasts three large planned spaces located in Washington State: the former site of the Northern State Mental Hospital in Sedro-Woolley, the location in central Spokane at which Expo 74 was hosted, and the rural location of the never-completed Satsop Nuclear Facility near Elma, Washington. Our analysis suggests the singular use for …

Savages, Deplorables, And The Promise Of Anthropological Ethnography, Andrew M. Gardner

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This short essay describes a longitudinal ethnographic project on which I am embarking with successive coteries of students here at the University of Puget Sound. The essay starts with a discussion of the latent power of ethnography to cross thresholds of difference on a mission of empathy and understanding. I tie this mission to the legacy and definition of anthropological ethnography. In the second section of the essay, I discuss the fractious nature of the American polity, and the caricatures of rural Americans that I've encountered in the urban and academic environs of the west coast. In the final …

Cosmopolitanism And Urban Space In Doha, Qatar, Andrew M. Gardner

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This essay commences with an ethnographic sojourn through the Industrial Area, a peripheral zone of the urban landscape in Doha, Qatar that is densely inhabited by low wage migrant laborers. In this segregated urban enclave, I ascertain the openness to alterity and the interactions with difference that connect their experiences to the conceptual legacy of cosmopolitanism. Via a discussion of the segregated experiences of transnational migrants in Doha’s urban landscape, I then stake out a speculative argument for the connection between that segregation and the resulting cosmopolitan conditions. Together, these two assertions explore manifestations of cosmopolitan urbanism in non-Western and …

Debating Disability Disclosure In Legal Education, Jasmine E. Harris

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No abstract provided.

Review Of Beyond Exception: New Interpretations Of The Arabian Peninsula, Andrew M. Gardner

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This is a published review of the book Beyond Exception: New Interpretations of the Arabian Peninsula, by Ahmed Kanna, Amélie Le Renard, and Neha Vora.

Internet Connectivity Among Indigenous And Tribal Communities In North America - A Focus On Social And Educational Outcomes, Christopher S. Yoo, Leon Gwaka, Muge Haseki

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Broadband access is an important part of enhancing rural community development, improving the general quality of life. Recent telecommunications stimulus projects in the U.S. and Canada were intended to increase availability of broadband through funding infrastructure investments, largely in rural and remote regions. However, there are various small, remote, and rural communities, who remain unconnected. Connectivity is especially important for indigenous and tribal communities to access opportunities for various public services as they are generally located in remote areas. In 2016, the FCC reported that 41% of U.S. citizens living on tribal lands, and 68% of those in the rural …

Administrative Law In The Automated State, Cary Coglianese

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In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated state were …

Corporate Law For Good People, Yuval Feldman, Adi Libson, Gideon Parchomovsky

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This article offers a novel analysis of the field of corporate governance by viewing it through the lens of behavioral ethics. It calls for both shifting the focus of corporate governance to a new set of loci of potential corporate wrongdoing and adding new tools to the corporate governance arsenal. The behavioral ethics scholarship emphasizes the large share of wrongdoing generated by "good people" whose intention is to act ethically. Their wrongdoing stems from "bounded ethicality" -- various cognitive and motivational processes that lead to biased decisions that seem legitimate. In the legal domain, corporate law provides the most fertile …

A Window To Urban Arabia, Andrew M. Gardner

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This set of images collectively seeks to provide viewers with a window into Doha, Qatar, and into the urban heart of the modern Middle East that’s arisen on the Arabian Peninsula. Designed as an exhibit of photography, the images include overlapping themes that explore particular facets or threads of the urban landscape and life therein. In the final accounting, the collection as a whole is intended as an ode to the city itself.

Lost In Transplantation: Modern Principles Of Secured Transactions Law As Legal Transplants, Charles W. Mooney Jr.

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This manuscript will appear as a chapter in a forthcoming edited volume published by Hart Publishing, Secured Transactions Law in Asia: Principles, Perspectives and Reform (Louise Gullifer & Dora Neo eds., forthcoming 2020). It focuses on a set of principles (Modern Principles) that secured transactions law for personal property should follow. These Modern Principles are based on UCC Article 9 and its many progeny, including the UNCITRAL Model Law on Secured Transactions. The chapter situates the Modern principles in the context of the transplantation of law from one legal system to another. It draws in particular on Alan Watson’s pathbreaking …

On Teaching Ethnography In Troubled Times, Andrew M. Gardner

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In this essay, I describe an incident stemming from a field-based ethnographic exercise I utilize in one of the courses which I have designed and which I regularly teach. In my estimation, the contours of the incident I describe here reveal the institutional and ideological parameters of a paradigm that currently dominates contemporary American campuses. I suggest that my experience points to frictions between that seemingly hegemonic academic paradigm and the core values and practices that the discipline of anthropology endeavours to carry into the new millennium. I conclude that this experience, and the institutional practices and ideologies it reveals, …

Dismantling “Dilemmas Of Difference” In The Workplace, Rangita De Silva De Alwis, Sarah Heberlig, Lindsay Holcomb

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Over the course of six months, the University of Pennsylvania Carey Law School’s class “Women, Law, and Leadership” interviewed 55 women between the ages of 25 and 85, all leaders in their respective fields. Nearly half of the women interviewed were women of color, and 10 of the women lived and worked in countries other than the U.S., spanning across Europe, Africa, and Southeast Asia. Threading together the common themes touched upon in these conversations, we gleaned a number of novel insights, distinguishing the leadership trajectories pursued by women who have risen to the heights of their professions. Through thousands …

Christianity And Bankruptcy, David A. Skeel Jr.

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Although the term “bankruptcy” is nowhere to be found in the Bible, debt and the consequences of default are a major theme both in the Hebrew Bible and in the New Testament. In Israel, as in the ancient Near East generally, a debtor who defaulted on his obligations was often sold into slavery or servitude. Biblical law moderated the harshness of this system by prohibiting Israelites from charging interest on loans to one another, thus diminishing the risk of default, and by requiring the release of slaves after seven years of service. Jesus alluded to the lending laws at least …

Private Law Statutory Interpretation, Shyamkrishna Balganesh

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This Essay is an attempt to describe the basis and consequences of the disconnect between private law and legislation, both for private law theorizing and legal thinking more generally. It does so by focusing on “private law statutes,” legislation that creates or modifies rights and obligations between parties in their private capacities. Private law statutes do more than merely create private causes of action. While they create private causes, they do so on the basis of principles that are specific to the horizontal interaction between parties, rather than entirely for public-regarding policy reasons. While statutes in the areas traditionally identified …

The Semi-Autonomous Administrative State, Cary Coglianese

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Conflicting views about presidential control of the administrative state have too long been characterized in terms of a debate over agency independence. But the term “independent” when used to describe administrative agencies carries with it the baggage of an unhelpful and unrealistic dichotomy: administrative agencies that are (or should be) subservient to presidential control versus those that are (or should be) entirely free from such influence. No agency fits into either category. This essay proposes reorienting the debate over presidential control around agency “autonomy,” which better conveys that the key issue is a matter of degree. Contrary to some proponents …

Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad

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The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as …

Classification As Narrative: A Renewed Perspective On A Longstanding Topic In Ethnobiology, Denise M. Glover

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The present work offers a renewed perspective on natural-kind classification in the field of ethnobiology, one that focuses on analyzing higher-order classifications as a form of narrative. By examining changes in classification of materia medica in three main medical/pharmacological texts from three time periods of the Tibetan medicine tradition, we see an overarching shift in classification from a focus on medical efficacy to one on material substance and morphology, thus suggesting influence from pre-twenty-first century western, Linnaean science. The work then links this historical narrative to the complexities of classification of materia medica among contemporary doctors of Tibetan medicine in …

Introduction To Special Section On Cannabis, Denise M. Glover

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Introduction to Special Section on Cannabis.

Baby M Turns 30: The Law And Policy Of Surrogate Motherhood, Eric A. Feldman

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This article marks the 30th anniversary of the Supreme Court of New Jersey’s Baby M decision by offering a critical analysis of surrogacy policy in the United States. Despite fundamental changes in both science and society since the case was decided, state courts and legislatures remain bitterly divided on the legality of surrogacy. In arguing for a more uniform, permissive legal posture toward surrogacy, the article addresses five central debates in the surrogacy literature.

First, should the legal system accommodate those seeking conception through surrogacy, or should it prohibit such arrangements? Second, if surrogacy is permitted, what steps can be …

When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis

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Ending all forms of discrimination against women and girls is not only a basic human right, but also crucial to accelerating sustainable development. The very first target of Goal 5. 1.1 calls to end all forms of discrimination against all women and girls everywhere and the indicator for the goal is: “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex”. In many countries around the world the legal frameworks themselves allow for both direct (de jure) and indirect (de facto) discrimination against women. This essay identifies some areas …

Women’S Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Rangita De Silva De Alwis

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Sital Kalantry’s Women’s Human Rights and Migration: Sex Selective Abortion Laws in the United States and India addresses a long-existing gap in feminist theory at the intersection of a migrant woman’s experience and culturally motivated reproductive decisions. By recognising the possibility that ‘practices that are oppressive to women in one country context may not have a negative impact on women in another country context’ Kalantry takes an important step in creating a framework for evaluating competing human rights interests within the complex cultural contexts that arise in migrant-receiving countries. Her proposed framework rejects the decontextualisation and politicisation of the migrant …

The Journey To Arabia: A Visual Essay, Andrew M. Gardner

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This photographic essay includes numerous photographs portraying the journey transnational migrants take from South Asia to the Arabian Peninsula, and includes a short essay that describes the major features of this migration system.

Review Of Bodies In Balance: The Art Of Tibetan Medicine By Teresia Hofer, Denise M. Glover

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No abstract provided.

Review Of Environmental Education In China By Gerald A. Mcbeath And Jenifer Huang Mcbeath, Denise M. Glover

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Book Review

Antitrust And Information Technologies, Herbert J. Hovenkamp

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Technological change strongly affects the use of information to facilitate anticompetitive practices. The effects result mainly from digitization and the many products and processes that it enables. These technologies of information also account for a significant portion of the difficulties that antitrust law encounters when its addresses intellectual property rights. In addition, changes in the technologies of information affect the structures of certain products, in the process either increasing or decreasing the potential for competitive harm.

For example, digital technology affects the way firms exercise market power, but it also imposes serious measurement difficulties. The digital revolution has occurred in …

Circular Migration And The Gulf States, Andrew M. Gardner, Zahra Babar

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In this chapter the authors assess the application of the circular migration framework to the six Gulf Cooperation Council member states of Kuwait, Saudi Arabia, Bahrain, Qatar, United Arab Emirates, and Oman. By some estimations, the six GCC states comprise the third largest migratory destination in the contemporary world, and for decades these states have hosted large transient migrant populations that, in some manner or another, appear to fit the definition of circular migration. Through an analysis of migration to the Gulf States this chapter provides an empiri- cal contribution to the expanding discussion of circular migration. In this chapter …

Viral Signs: Confronting Cultural Relativism With Children's Health In The Field, Denise M. Glover

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While many anthropologists and other scholars undertake fieldwork together with their families, this is often not mentioned even though children can have a major impact on their work. This volume explores the many issues of conducting fieldwork with children, offering a wide range of experiences that question and reflect on methodological issue.

[from description of book]

The Emergence Of Classical American Patent Law, Herbert J. Hovenkamp

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One enduring historical debate concerns whether the American Constitution was intended to be "classical" -- referring to a theory of statecraft that maximizes the role of private markets and minimizes the role of government in economic affairs. The most central and powerful proposition of classical constitutionalism is that the government's role in economic development should be minimal. First, private rights in property and contract exist prior to any community needs for development. Second, if a particular project is worthwhile the market itself will make it occur. Third, when the government attempts to induce development politics inevitably distorts the decision making. …

The Progressives: Economics, Science, And Race, Herbert J. Hovenkamp

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This essay is a brief review of Thomas C. Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (Princeton Univ. Press 2016).